Developer stopped from building basements on its own land
The municipal council told a private developer in Shivpuri to immediately stop work on its own commercial-cum-residential project, alleging basement area beyond 1,566 sqm. The developer said its sanctioned plan allowed two basements of about 2,764 and 2,815 sqm. The High Court held the notice misread the rules and quashed it.
This page records what the cited court, tribunal and government records say happened. Findings belong to the court or authority that made them; this register adds none of its own. Names of private individuals are withheld unless a naming gate clears them.
How we verify →The stop-construction notice dated 08.11.2024 stands quashed; the company may build per the sanctioned permission dated 04.03.2024, subject to future lawful action for any fresh violation.
What happened
The High Court recorded that the company owned land of about 5,220 sqm in Shivpuri, had mutation and diversion, and had obtained Nazul NOC, town-planning approval, colonizer licence, Collector permission, municipal building permission and RERA registration before starting work.
The High Court recorded that the municipal council issued notice dated 08.11.2024 to stop all construction, alleging basement of about 2,876 sqm against permissible ground coverage of 1,566 sqm and alleged violation of the 1973 Adhiniyam and 2012 Rules.
The High Court recorded that the company replied that the sanctioned building permission itself allowed two basements of the larger areas and that ground coverage and basement area are distinct concepts under the Rules.
The High Court held that the Rules regulate ground coverage and basements separately, that no rule caps basement area at ground-coverage area, and that the authority could not act against its own sanction without withdrawing it in law. The notice was quashed.
What the record says
“Accordingly, the impugned notice/order dated 08.11.2024 (Annexure P/1) is hereby quashed.”
WP-37075-2024, concluding paragraph — read the full text
A peaceful economic act
Building on one's own diverted and sanctioned land harmed no one. No encroachment on public or another person's land, no victim, and no fraud was alleged.
What we could not confirm
Exact construction dates in 2024 were not specified beyond permission/RERA dates; investment figure of about Rs 4.68 crores is as claimed by the company.